Docket No. F017162. May 28, 1993. [Opinion certified for partial publication.] Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of part I. Appeal from Superior Court of Kern County, No. 209308, Roger D. Randall, Judge. COUNSEL Fredric J. Greenblatt for Plaintiff and Appellant. LeBeau, Thelen, Lampe, McIntosh Crear, Dennis R. Thelen and W. Steven Shayer for Defendants and Respondents. OPINION ARDAIZ, Acting P.J. In this appeal